Gujarat High Court
Raju S/O Khetabhai Nagabhai Karmta vs State Of Gujarat on 11 May, 2026
NEUTRAL CITATION
R/CR.MA/11270/2026 ORDER DATED: 11/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 11270 of 2026
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RAJU S/O KHETABHAI NAGABHAI KARMTA
Versus
STATE OF GUJARAT
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Appearance:
MS SHIVANGI D MADHAD(13116) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE UTKARSH THAKORBHAI DESAI
Date : 11/05/2026
ORAL ORDER
1. Heard learned advocate appearing on behalf of the applicant and learned Additional Public Prosecutor appearing on behalf of the respondent-State.
2. Rule. Learned APP waives service of rule on behalf of the respondent-State.
3. The applicant has filed this application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for enlarging Page 1 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:13 IST 2026 NEUTRAL CITATION R/CR.MA/11270/2026 ORDER DATED: 11/05/2026 undefined the applicant on Regular Bail in connection with FIR being C.R. No. 11203055250401 of 2025 registered with Shil Police Station, Junagadh for the offence punishable under Sections 3(1)(ii), 3(2) and 3(4) of the Gujarat Control of Terrorism and Organized Crime Act, 2015.
4. Learned advocate for the applicant would submit that, considering the role attributed to the applicant, and nature of the allegation levelled, the applicant may be enlarged on regular bail. It is further submitted that, since the charge-sheet is filed, further incarceration of the applicant will not benefit the Investigation Officer in any manner. It is further contended that, the applicant is ready and willing to abide by all the conditions that may be imposed by this Court, if released on bail.
5. As against the same, learned Additional Public Prosecutor appearing for the respondent - State has vehemently objected Page 2 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:13 IST 2026 NEUTRAL CITATION R/CR.MA/11270/2026 ORDER DATED: 11/05/2026 undefined to the grant of regular bail. Learned APP has submitted that looking to the nature of offence and the role attributed to the present applicant as coming out from the charge-sheet, this Court may not exercise discretion in favour of the applicant and the application may be dismissed.
6. I have heard learned advocates appearing on behalf of the respective parties and perused the papers. Following aspects are considered:-
i. The allegation being that the applicant had committed offence under the Gujctoc Act. Considering the FIR and the charge-sheet filed by the Investigating Officer, it would appear that the present applicant has been implicated in the present FIR on basis of four previous antecedents, which have been allegedly committed after the promulgation of the enactment.
ii. The role of the applicant is akin to that of the co- accused, Mana Kanabhai Katara, who has been granted Page 3 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:13 IST 2026 NEUTRAL CITATION R/CR.MA/11270/2026 ORDER DATED: 11/05/2026 undefined regular bail by the co-ordinate bench, vide order passed in Criminal Misc. Application No. 8659 of 2026 on 28.04.2026. iii. It would appear that, while the gang is attributed with commission of 45 offences, and whereas, this Court has considered fact that, of the five offences which present applicant is alleged to have committed, in two of those, the applicant has been acquitted, whereas in one case, the Coordinate Bench of this Court vide an order dated 21.04.2026, had quashed the FIR on merits, and whereas as of now, only two offences are pending against the present applicant.
iv. This Court has also considered the fact that the applicant is in custody since 11.12.2025 and the charge-sheet having been filed.
7. This Court has taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra v. Central Bureau of Investigation reported in [2012] 1 Page 4 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:13 IST 2026 NEUTRAL CITATION R/CR.MA/11270/2026 ORDER DATED: 11/05/2026 undefined SCC 40.
8. In the facts and circumstances of the case and considering the nature of the allegations made against the applicant in the First Information Report, without discussing the evidence in detail, prima facie, this Court is of the opinion that, this is a fit case to exercise the discretion and enlarge the applicant on regular bail.
9. Hence, the present application is allowed. The applicant is ordered to be released on bail in connection with F.I.R. registered as C.R. No. 11203055250401 of 2025 registered with Shil Police Station, Junagadh, on executing a bail bond of Rs.1,00,000/- (Rupees One Lakh only) with one surety of the like amount, to the satisfaction of the trial Court and subject to the conditions that he shall;
[a] not take undue advantage of liberty or misuse liberty; [b] not act in a manner injurious to the interest of the Page 5 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:13 IST 2026 NEUTRAL CITATION R/CR.MA/11270/2026 ORDER DATED: 11/05/2026 undefined prosecution;
[c] surrender his passport, if any, to the trial court within a week, and if he does not possess a passport, he shall file an affidavit to that effect;
[d] furnish the present address of his residence to the I.O. and to the Court at the time of execution of the bond and shall not change his residence without prior intimation to the I.O. and the court;
[e] mark his presence on every alternate day for a period of one month, and thereafter, mark his presence on every Monday before the concerned police station, till the trial is over;
[f] not indulge in similar kind of offence hereinafter, for which, he shall file an affidavit before the concerned court and the police station.
[g] not enter Junagadh district for a period of one year. Page 6 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:13 IST 2026
NEUTRAL CITATION R/CR.MA/11270/2026 ORDER DATED: 11/05/2026 undefined
10. The Authorities will release the applicant only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the Sessions Court concerned will be at liberty to take appropriate action in accordance with law.
11. Bail bond to be executed before the trial court having jurisdiction to try the case. It will be open for the concerned Court to delete, modify and/or relax any of the above conditions in accordance with law.
12. At the stage of trial, the competent court shall not be influenced by any observations of this Court which are of preliminary nature, made at this stage only for the purpose of enlarging the applicant on regular bail. The application is allowed in the aforesaid terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(UTKARSH THAKORBHAI DESAI, J) PD Page 7 of 7 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed May 13 2026 Downloaded on : Wed May 13 21:38:13 IST 2026